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(영문) 광주지방법원 2016.04.27 2016노598
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. The judgment of the court below is an unfavorable circumstance, such as the fact that the defendant reflects his mistake, that the distance of the defendant's driving is relatively short, but the defendant's driving is causing a traffic accident while driving the drinking of this case, that the defendant has the same kind of driver's license, and that the defendant has been punished several times as a crime of drinking driving, and that the defendant again committed the crime of this case under the suspension of execution due to a violation of traffic laws (unlicensed driving) on the road, etc., and the fact that the defendant again committed the crime of this case is under suspension of execution. In full view of the circumstances leading to the crime of this case, circumstances after the crime of this case, the defendant's age, sexual behavior and environment, etc., it is not recognized that the court below's punishment is too excessive and unfair. Thus,

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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